New York Times vol. 8 no. 2298

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LATER FROM UTAH
Speedy Transmission of the President's Message by the Overland Mail.
Proceedings of the Courts—Murders, Robberies, &c.-Spirit of the Mormons—The Governor's Message.
From Our Own Correspondent.
GREAT SALT LAKE CITY, U. T., Saturday, Jan. 1, 1859.
We were most agreeably disappointed on last Saturday evening—Christmas Day-by the arrival of the express with the President's Message, through in eleven days from St. Joseph's Mission to this city. In consequence of the severe and almost incessant storms which have prevailed for the past five weeks, we had abandoned all hopes of receiving the Message by express, and least of all in so short a time. As it was, the expressman was compelled to walk 20 miles through the snow on one occasion, and he was one whole day coming over the Big Mountain into the city, a distance of some 28 miles, in consequence of the trail made by the mail trains becoming filled up with drifted snow to the depth of some eight feet.
The Message was immediately forwarded to California by the contractors on the mail route from this city to Placerville, and they confidently expect to have it reach San Francisco within four days after its departure from here; for if it has not already reached California by some other route, it will be telegraphed to San Francisco by the new telegraph line, which is finished out as far as Genoa, in Carson Valley, avoiding the necessity of carrying the express across the Sierra Nevada Mountain.
If they succeed in their anticipations, as we doubt not they will, the whole transit across the Plains will be effected in fifteen days, and this in the dead of Winter, in a season unparalleled in the number and severity of its storms, since the settlement of this country.
The contractors on this mail route assert most positively that they can forward the mails across the Plains with the same speed in which they have forwarded the President's Message, if their compensation can be so augmented as to place them on an equal footing with the southern route, and enable them to place their stations at regular intervals of twenty miles each, instead of sixty and seventy, as they are now compelled to do. The snow would then be an obstacle easily surmounted, for the trail from station to station would readily be kept open. Snow is the only obstacle which presents any serious impediment in the way of rapid, easy and pleasant travel from the Missouri River to the Pacific Ocean by this great central highway.
The contractors, who are men of energy and enterprise, well fitted for the undertaking, have it in contemplation to send out a vessel, during the coming Summer, for a supply of camels, to be acclimated in this latitude, and used in the transportation of the United States mails and express matter.
The news of the completion of the telegraph line across the Sierra Nevada Mountains into this Territory was received with enthusiasm and joy by the Gentile portion of this community, as the completion of the line to this city very early in the Spring is now reduced to a certainty.
Christmas Day passed off most merrily and pleasantly in this city. Snow having fallen all night Christmas Eve, the sleighing was excellent, and every one who could turn out anything on runners seemed to have decided to go a-sleighing. The streets were crowded all day with groups of "Jews" and "Gentiles" mixed, seemingly intent on making fun for the occasion. We even noticed some of our most respected and dignified officials indulging, as a relaxation from the toils of office, in the sport of snow-balling, which they seemed to enjoy with all the gusto of their school-boy days. Although there were, as might be expected, many intoxicated persons about, still we have not heard of the least disturbance to mar the general merriment indulged in during the day.
On Tuesday, KIRK ANDERSON, Esq., sent, as a courtesy, an extra of his paper, the Valley Tan, containing the President's Message, to each of the members of the Legislature. After the members of the lower House had been attentively engaged in reading the message for some time, a long resolution was introduced by HIRAM CLAWSON, BRIGHAM'S Private Secretary, who is a member of the Legislature, denouncing ANDERSON'S paper as a vile, scurrilous sheet, unfit to be circulated amount the members of the Legislature, and requiring the Sergeant-at-arms to gather up the numbers of the paper which had been return them to the Secretary of the Territory, through whom they supposed the paper had been sent. The resolution stated, however, that no disrespect was intended to the Secretary or to the President's Message. This resolution, coming as is supposed, from BRIGHAM YOUNG was passed “unanimously;” but out ty papers distribu en were ed.
In the afternoon some two or three of the members of the Legislature came and apologized to Mr. ANDERSON for what had been done, stating that they regretted that such a resolution had been passed, and the next day the resolution was expunged.
We regret exceedingly that we have not been able to procure a copy of the resolution, but when Secretary HARTNETT applied for a copy they refused to give him one, saying that it had been expunged and they did not wish it referred to.
This attempt to crush out, as it were, an independent Press—one ready to support the cause of the oppressed, in opposition to the will of a tyrant—will merely redound upon the heads of the villains who attempted it. Their object is to create a prejudice against the Gentile paper among all good Mormons, and to prevent its circulation among them; but the steadily-increasing demand for the paper among the people shows that such attempts will only make the paper the more popular.
The leaders have even gone so far as to threaten the life and safety of the editor himself, and he has been warned that if he persists in his exposé of the workings of Mormonism his office will be torn down and his press destroyed. On Wednesday last EPHRAIM HANKS, the principal witness in the case of the murder of the deaf and dumb boy, the particulars of which I have given you in recent letters—whose own evidence would clearly indicate him as guilty of perjury, if not of being an accessory to the cruel murder of the boy—came to Mr. ANDERSON and told him that if he did not apologize in the next number of his paper for some remarks made by him in regard to the trial, he would warn him, as he said "in a whisper," that he would take care of him!
The Mormon "bravos" have yet a lesson to learn, for threats and intimidation will not produce the same effect upon the Gentiles now here as they had upon the handful of Gentiles who were here in their clutches and at their mercy a few years ago. They have demanded an investigation into their deeds—they shall have it, and if a Jury can be found to render righteous verdicts, they shall be punished for the atrocious crimes which they have committed. Already one is indicted by a Grand Jury composed principally of Mormons for breaking up a United States Court; and another is committed for trial for the murder, according to the "Danite" system, of a poor deaf and dumb boy. And information has been received of several more such instances, which will soon be investigated and made public notwithstanding their threats of violence.
The effect and moral influence which the army exerts in this community, by its presence in the Territory, becomes daily more and more apparent. We have just learned of an incident which occurred in San Pete Valley a few days since, illustrative of the spirit of independence which is gradually infusing itself into the minds of the Mormon population.
A Mormon by the name of CLAPP had taken a contract to supply a large herd of Government animals, which are herded in that Valley, with a considerable amount of forage. He had engaged this forage previous to making the contract, from the settlers in and about Fort Ephraim at a reasonable price, and thereupon bound himself in the sum of $1,000 to fulfill his contract.
Soon after this the Bishop of the Valley, WARREN SNOW, hearing of it, came to CLAPP and the principal inhabitants of Ephraim, and reproved them most severely for furnishing forage to the Army, telling them that they had brought "damnation into the Valley,” and forbidding them, under penalty of excommunication, from selling their produce. The result of this was that the next morning a paper was put in circulation, and signed by several, pledging themselves not to sell hay to CLAPP under $30 per ton, straw at $15, and other things in proportion, while CLAPP had contracted to deliver the hay to Government at $12. As soon as he discovered this, CLAPP went round and called on those who had promised to furnish him grain, &c., and persuaded them to hold a meeting and consult as to what would be their best interests and policy in the matter. The meeting was held, and the result was that a majority of the inhabitants resolved to support CLAPP and assist him in fulfilling his contract, in opposition to the direction of the Bishop. The Bishop at this became very angry, and, after threatening them all with excommunication, came up to this city to consult with BRIGHAM on the subject. Before this, however, he wrote to the commander of the force, stationed in the valley to guard the animals, telling him that if he would agree that the animals should not be brought within a certain distance of the settlements, that he would furnish all the forage necessary. The secret of the whole matter being that he wished to have the contract himself, and was angry because CLAPP had had the hardihood to take it from him. He was therefore endeavoring to put down CLAPP by using his authority as a Bishop. He has had several contracts for furnishing various supplies to the army, but care will be taken that he gets no more.
CLAPP has been a very strong Mormon, and is celebrated as a preacher of Mormonism—but he now says that the leaders of Mormonism have sadly fallen from grace, and that sooner than to deprive himself of his rights as a freeman, and become a serf and vassal of the Mormon priesthood, he will renounce Mormonism. These are the sentiments of a majority of the inhabitants of his settlement.
BRIGHAM, however, will settle the difficulty by sending them some soft message, and reproving the Bishop, and in all probability they will be as loyal to him as ever. The leaven, however, is working, and its influence is not lost upon some of the people.
Dr. FORNEY, Superintendent of Indian Affairs, returned yesterday from a visit to ARAPEEN and the Ute Indians with whom difficulties have been anticipated in consequence of the arrest of two of their young men for an assault upon a Mormon woman. He reports that he found them most bitter against the Americans, and that nothing but their fear of the army held them in check. He was told by ARAPEEN, the Chief, that the Mormons had been telling them evil stories about the Americans which he was inclined to believe.
After a long talk with them, however, Dr. FORNEY succeeded in explaining to them the circumstances of the arrest, and of the intention and design in arresting the young. With his explanation they expressed themselves satisfied, and promised to make friends with the army.
The Mormons seem determined to create and bring about difficulties with the Indians. The Grand Jury have found an indictment against an Indian for killing a white man two years ago in a distant valley, when they know that to arrest him it will be necessary to fight the whole tribe, and thus create the difficulties and expense of an Indian war.
Indian Agent JARVIS arrived here yesterday evening, in the mail from the East. He stopped at the mall station at the South Pass to rest, and was detained there nineteen days in consequence of the scarcity of animals at the station, caused by the great number lost by the mail company in the recent storms, ten mules having frozen to death in one night. He reports that the thermometer, during his stay there, was for several days 27° below zero. Mr. J. is in good health and spirits, not having suffered from the effects of his journey.
The merchants here are now very much cramped in their business, in consequence of the great scarcity of specie. This scarcity is caused by the operations of the paymaster's department of the army. The soldiers and employes of the army are now entitled to nearly four months' pay, and the paymaster has not the cash to pay with. It takes a large sum of money to pay some 5,000 men their wages for four months. He is however collecting as rapidly as possible, and thus draining out of circulation all the specie which he can obtain, and this will cause a great scarcity of cash until he is enabled to pay it out again.
The Mormons too are hoarding up all the cash which they can get hold of, not absolutely necessary to spend for their support, in anticipation of a move in the Spring. We do not doubt that it is their intention to move if Congress takes any action in regard to polygamy.
The army is particularly pleased with that part of the President's Message relative to the occupancy of Northern Mexico, and all feel anxious to have the opportunity of going there.
Mr. OSBORNE, the Gentile member of the Legislature, elected from Green River County, took his seat as a member on Thursday morning. His right to a seat was contested by Mr. HOOPER, who was elected from this County, on the ground that Green River County had been attached to it. This law, however, was void, as it was not signed by Governor CUMMING, who was acting as Governor in the Territory at the time. Notwithstanding this fact, the Legislature, in order to sustain themselves, sustained HOOPER in his claim to a seat, but got him afterwards to resign, and permitted OSBORNE to fill the vacancy thus created. If this is not "beating the devil round the stump," I know not what it is.
The examination into the circumstances of the murder of a deaf and dumb boy in this City a few weeks ago, by one of the "destroying angels," which has created so much interest, was concluded on Tuesday last, and CHRISTIANSEN, the murderer, was fully committed for trial before the United States District Court. From the evidence adduced the crime committed was clearly murder. The poor boy was arrested on a charge of stealing money, which he denied, although he acknowledged having on a previous occasion taken some. He was taken by this policeman out through the mountains to hunt for money which he had not taken, and was compelled by the threats of this man to resort to the expedient of traveling from one spot to the other in order to delay a castigation which this man had determined to give him if he did not find some money. Finally, after traveling about two days, the boy, as CHRISTIANSEN himself states, became desperate and inflicted a light wound upon him and in return was shot three times by the man. In this condition he was placed upon a wagon to be brought to the city, but before the city, wounded as he was with three pistol shots, he was again led out, and unarmed and weak with the loss of blood, his throat was cut from ear to ear by a man armed with a knife, revolver and po [......] under the pretense that he had to do [.....] Jury cannot be found to convict him even testimony. We shall see whether such is [......] or not.
Another case of "Danite" murder has been brought to light in the Southern Judicial District, which in its details is one of the most atrocious that has ever been made public. As the offenders are not yet arrested, a Deputy-Marshal being now on the search for them, I shall desist from giving any account of it for the present.
The U. S. District Court adjourned on Thursday last until the first Monday in January. On Thursday, previous to the adjournment, Judge SINCLAIR delivered his decision in regard to the conflict of authority between the United States Marshal and the Marshal Appointed by the Territory, in regard as to which one should serve the process of the U. S. District Court, while it was engaged in the consideration of crimes and offences against the laws of the Territory.
Judge SINCLAIR decided that both the Marshal and the District-Attorney appointed by the President as the Marshal and District-Attorney for this Territory, could not be superseded in their attendance upon a United States District Court by any appointments of the Territorial Legislature. His arguments in support of his decision are most able and interesting. I shall procure a copy of them to send you by the next mail for the benefit of your readers in the legal profession.
In the case of the United States vs. JAMES FERGUSON, on an indictment for intimidating Judge STILES in the discharge of his duty—compelling him to adjourn his Court at the February Term, 1857—the defendant resorted to all sorts of expedients to avoid a trial upon the direct issue. He first offered a plea in abatement, which he however subsequently withdrew. He then moved to quash the indictment, on the ground that it was not sufficiently accurate in some of its particulars, which motion was overruled by the Court. He then offered the President's pardon as a plea in bar to any further prosecution, by doing which he virtually acknowledged himself guilty. This he also afterwards withdrew, and decided to go to trial, relying upon the fact that the evidence of Judge STILES, whom he states is a material witness in the case, cannot be procured before the next term of the Court in October next.
The Grand Jury have found several bills of indictment against parties for horse stealing, robbery, &c.
The Legislature assembled at Fillmore City on Monday, Dec. 13, and adjourned from day to day until Saturday, the 18th inst., when a quorum of each house being present, they were duly qualified by Secretary HARTNETT, and presented by him with the Governors Message, a copy of which I herewith enclose to you. After organizing, a resolution was passed by the Legislature, in accordance with which it met in this city on Monday. A. B. C.
[BY TELEGRAPH.]
ST. LOUIS, Saturday, Jan. 29.
The Utah Legislature met at Fillmore City on the 13th ult., organized on the 18th, and adjourned, to meet at Salt Lake City, on the 27th.
Governor's Message.
To the Legislative Assembly of the Territory of Utah:
Dec. 13,1858.
GENTLEMEN OF THE COMMON COUNCIL AND HOUSE OF REPRESENTATIVES:
It has become my duty to communicate to the Legislative Assembly, information on the condition of the Territory, and to recommend such measures as I judge to be necessary for its welfare.
To Almighty God we should return thanks for all the blessings he has bestowed upon this people; especially for averting from them the threatened horrors of civil war, and restoring to them the comforts of home, with health, peace, and general prosperity.
The events which have transpired here within the last two years have excited great solicitude throughout the country, and attracted public attention to this Territory.
The President of the United States, in the exercise of his constitutional authority, determined, in the early part of last year, to reorganize this Territory by the appointment of new civil officers; and, at the same time, he ordered a detachment of the Army to this point, to perform the ordinary military duties, and to act as a military posse, upon the requisition of the proper civil officer. The General in command of this detachment received written orders, designating his duties, and forbidding him, his officers or men “to attack any body of citizens whatsoever, except upon requisition, or in sheer self-defence."
The President was induced to pursue this course of action in consequence of reiterated statements made by men who had lived in your midst, and the seditious language used by some of your influential writers and public speakers.
In this connection it is proper I should announce my opinion that a large number of the inhabitants of Utah participated, subsequently, in positive acts of rebellion against the Federal Government. Under these circumstances I entered Great Salt Lake City on the twelfth day of April, 1858, and availed myself of every suitable occasion to notify the inhabitants that I required unconditional submission to the laws; that I would sustain the civil officers in the proper performance of their duties and maintain the public peace.
After a residence of some weeks among you I announced to the Government at Washington that the disaffected portion of the community had returned to their duty, and would receive and obey the newly appointed civil officers. Subsequently, the President's proclamation of the 6th of April last was promulgated. It offered a full and free pardon to all who would submit to the authority of the Federal Government.
By your acquiescence in the conditions of this pardon all political difficulties between the Federal Government and the people of Utah are adjusted; and I trust that your future history will attest the sincerity of your professions of devotion to the Constitution and to the laws.
The Government of the Territories has been characterized by certain individuals as a relic of barbarism and a system of oppression. These cavilers should remember that the patriots and sages, whose memory they profess to revere, not only achieved our independence, and framed the Constitution, but inaugurated also the system of Territorial Government—a government of constitutional laws. We must rely upon them for protection. All communities of freemen possess an inherent right of revolution and self-government; but communities, like individuals, have their periods of infancy and tutelage, preceding those of matured strength and independent action. When abuses exist in the government of a Territory, the true remedy consists in an appeal to the parent government for redress.
You complain that civil officers are sometimes unmindful that their offices were created for the benefit of the whole community, and not exclusively for their own; but public opinion does not justify resistance to their authority on that account.
The maintenance of the army, and the incidental expenses attending its support, require very large disbursements in the Territory. These necessarily increase the price of labor and its products. Hence the length of time the army will remain here becomes a question in which your constituents are peculiarly interested.
In considering this question it is necessary to refer you to the following clause contained in the Proclamation of the President—"The military force now in Utah, and hereafter to be sent there, will not be withdrawn until the inhabitants of that Territory shall manifest a proper sense of the duty which they owe to this Government." In view of this clause every honorable citizen of this Territory must feel the presence of the army as a reproach upon his patriotism. It therefore behooves you to avoid even the semblance of disloyalty, for in your present condition it is not sufficient that you manifest a proper sense of that duty which you owe to the Government, but public opinion must be satisfied of your loyalty. It would be unreasonable, under existing circumstances, to expect that the transient population now here, will exercise any influence to hasten the removal of the army, a removal contrary to their pecuniary interests—nor can you expect that they will undertake the task of your vindication.
The public Press and private correspondence will finally reveal the truth with regard to your community. This must be a work of time, and therefore I believe that the detachment of the Army now stationed here will enjoy your fine mountain climate, and have ample time to perfect that discipline for which, as a corps, it is even now greatly distinguished.
The Postmaster-General has invited proposals for the transportation of your domestic mails, and I hope that the community will soon enjoy the benefits which will result therefrom.
Government has recently established overland mail routes upon a most liberal basis. This arrangement will furnish greatly increased facilities for travel and correspondence between the Atlantic and the Pacific States. The successful operation of this great enterprise will produce an almost continuous line of settlements extending across the continent—and this now isolated Territory will be brought into more familiar contact with other portions of the country.
To enable the people to be, to some extent, independent of importations, we should encourage domestic manufactures—but an entire independence in such matters is neither practicable nor desirable. Social intercourse and commercial exchanges are indispensable to true progress. Neither communities nor individuals can secure permanent prosperity or happiness in a condition of complete isolation.
Soon after my arrival in this Territory I communicated to the Secretary of War my views in regard to the supposed practicability of navigating the waters of the Yellowstone, including its tributary, the Bighorn. By the adoption of this route, navigation might be established from the Missouri River to a point not exceeding 400 miles from Salt Lake City. I also requested him to order a detachment from Camp Scott, with instructions to make a reconnaissance between Wind River and the confluence of the Yellowstone with the Missouri.
The acts of kindness extended by this people to the Indians, who inhabit these valleys, are creditable to their own generosity and forbearance; but they seem to have confirmed the Indians in slothful and vicious habits—and fostered a spirit of insubordination, which prompts them occasionally to commit acts of violence against their benefactors.
The Government has established Indian farms in this country, which, if considered as a means of inducing Indians to labor, and produce the articles necessary for their subsistence, seem to have been unsuccessful in accomplishing those objects; and unless they can be conducted differently in future, it would be well for the Indian Department to purchase food for them, rather than to induce them to cultivate the soil. The Indians must be fed. The supply of game is already insufficient, and they cannot subsist much longer upon the precarious aid received from the hand of charity.
I will call your attention to certain recent occurrences. A brutal assault was committed by some Indians, in the vicinity of Spanish Fork, upon a woman and her child. To enable the agent to make the arrests of the offenders, it became necessary to resort to a military force—and an Indian, not one of those charged with the offence, was unfortunately killed. The culprits were arrested, and are now in confinement, awaiting trial before the Second United States District Court. The dead bodies of two respectable citizens of Millard County were found recently near the road to Chicken Creek, supposed to have been killed by the Indians. Superintendent FORNEY is now in the neighborhood of Manti, to investigate the affair, and will endeavor to secure the persons of the murderers. The verdict of the Coroner's Jury in the case is now in the hands of the United States District Attorney, who will prosecute the murderers when arrested.
I cannot too strongly urge upon you the necessity of extending the benefit of common schools to every child in the Territory—and would recommend the levying a general tax for the support of such schools. On the proper education of its youth depends the prosperity and happiness of a community. The statistical reports of the prisons in this and other countries show that the proportion of crime is in an inverse ratio to the amount of proper education received.
I would call your attention to providing means for enforcing the law relative to bridging the irrigating ditches, across public highways. Under present circumstances, they are causes of serious inconvenience to travelers.
I entertain the opinion that it has become indispensably necessary to provide for the building a secure and commodious jail at some point near the center of population, for the confinement of persons charged with criminal offences, and recommend a tax for defraying the expense of its construction.
As errors in the forms of legislation are liable to occur in all new Territories, I would suggest the appointment of a Committee to revise the acts and resolutions of the Legislative Assembly of this Territory, with instructions to report to your next annual meeting, or earlier, if deemed expedient.
It is necessary that you take early action in filling offices, vacant in the Territory, in consequence of the parties elected having failed to be qualified—and in other cases where the offices have not been filled.
There does not appear to have been any provisions made hitherto for defraying the expenses of the Courts, when sitting on Territorial business, nor for the payment of charges for the maintenance and custody of prisoners. The importance of this subject will, I hope, secure for it your consideration.
I herewith transmit the report of the Auditor of Public Accounts, and that of the Territorial Treasurer, which I submit for your action.
A. CUMMING.

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LATER FROM UTAH
Speedy Transmission of the President's Message by the Overland Mail.
Proceedings of the Courts—Murders, Robberies, &c.-Spirit of the Mormons—The Governor's Message.
From Our Own Correspondent.
GREAT SALT LAKE CITY, U. T., Saturday, Jan. 1, 1859.
We were most agreeably disappointed on last Saturday evening—Christmas Day-by the arrival of the express with the President's Message, through in eleven days from St. Joseph's Mission to this city. In consequence of the severe and almost incessant storms which have prevailed for the past five weeks, we had abandoned all hopes of receiving the Message by express, and least of all in so short a time. As it was, the expressman was compelled to walk 20 miles through the snow on one occasion, and he was one whole day coming over the Big Mountain into the city, a distance of some 28 miles, in consequence of the trail made by the mail trains becoming filled up with drifted snow to the depth of some eight feet.
The Message was immediately forwarded to California by the contractors on the mail route from this city to Placerville, and they confidently expect to have it reach San Francisco within four days after its departure from here; for if it has not already reached California by some other route, it will be telegraphed to San Francisco by the new telegraph line, which is finished out as far as Genoa, in Carson Valley, avoiding the necessity of carrying the express across the Sierra Nevada Mountain.
If they succeed in their anticipations, as we doubt not they will, the whole transit across the Plains will be effected in fifteen days, and this in the dead of Winter, in a season unparalleled in the number and severity of its storms, since the settlement of this country.
The contractors on this mail route assert most positively that they can forward the mails across the Plains with the same speed in which they have forwarded the President's Message, if their compensation can be so augmented as to place them on an equal footing with the southern route, and enable them to place their stations at regular intervals of twenty miles each, instead of sixty and seventy, as they are now compelled to do. The snow would then be an obstacle easily surmounted, for the trail from station to station would readily be kept open. Snow is the only obstacle which presents any serious impediment in the way of rapid, easy and pleasant travel from the Missouri River to the Pacific Ocean by this great central highway.
The contractors, who are men of energy and enterprise, well fitted for the undertaking, have it in contemplation to send out a vessel, during the coming Summer, for a supply of camels, to be acclimated in this latitude, and used in the transportation of the United States mails and express matter.
The news of the completion of the telegraph line across the Sierra Nevada Mountains into this Territory was received with enthusiasm and joy by the Gentile portion of this community, as the completion of the line to this city very early in the Spring is now reduced to a certainty.
Christmas Day passed off most merrily and pleasantly in this city. Snow having fallen all night Christmas Eve, the sleighing was excellent, and every one who could turn out anything on runners seemed to have decided to go a-sleighing. The streets were crowded all day with groups of "Jews" and "Gentiles" mixed, seemingly intent on making fun for the occasion. We even noticed some of our most respected and dignified officials indulging, as a relaxation from the toils of office, in the sport of snow-balling, which they seemed to enjoy with all the gusto of their school-boy days. Although there were, as might be expected, many intoxicated persons about, still we have not heard of the least disturbance to mar the general merriment indulged in during the day.
On Tuesday, KIRK ANDERSON, Esq., sent, as a courtesy, an extra of his paper, the Valley Tan, containing the President's Message, to each of the members of the Legislature. After the members of the lower House had been attentively engaged in reading the message for some time, a long resolution was introduced by HIRAM CLAWSON, BRIGHAM'S Private Secretary, who is a member of the Legislature, denouncing ANDERSON'S paper as a vile, scurrilous sheet, unfit to be circulated amount the members of the Legislature, and requiring the Sergeant-at-arms to gather up the numbers of the paper which had been return them to the Secretary of the Territory, through whom they supposed the paper had been sent. The resolution stated, however, that no disrespect was intended to the Secretary or to the President's Message. This resolution, coming as is supposed, from BRIGHAM YOUNG was passed “unanimously;” but out ty papers distribu en were ed.
In the afternoon some two or three of the members of the Legislature came and apologized to Mr. ANDERSON for what had been done, stating that they regretted that such a resolution had been passed, and the next day the resolution was expunged.
We regret exceedingly that we have not been able to procure a copy of the resolution, but when Secretary HARTNETT applied for a copy they refused to give him one, saying that it had been expunged and they did not wish it referred to.
This attempt to crush out, as it were, an independent Press—one ready to support the cause of the oppressed, in opposition to the will of a tyrant—will merely redound upon the heads of the villains who attempted it. Their object is to create a prejudice against the Gentile paper among all good Mormons, and to prevent its circulation among them; but the steadily-increasing demand for the paper among the people shows that such attempts will only make the paper the more popular.
The leaders have even gone so far as to threaten the life and safety of the editor himself, and he has been warned that if he persists in his exposé of the workings of Mormonism his office will be torn down and his press destroyed. On Wednesday last EPHRAIM HANKS, the principal witness in the case of the murder of the deaf and dumb boy, the particulars of which I have given you in recent letters—whose own evidence would clearly indicate him as guilty of perjury, if not of being an accessory to the cruel murder of the boy—came to Mr. ANDERSON and told him that if he did not apologize in the next number of his paper for some remarks made by him in regard to the trial, he would warn him, as he said "in a whisper," that he would take care of him!
The Mormon "bravos" have yet a lesson to learn, for threats and intimidation will not produce the same effect upon the Gentiles now here as they had upon the handful of Gentiles who were here in their clutches and at their mercy a few years ago. They have demanded an investigation into their deeds—they shall have it, and if a Jury can be found to render righteous verdicts, they shall be punished for the atrocious crimes which they have committed. Already one is indicted by a Grand Jury composed principally of Mormons for breaking up a United States Court; and another is committed for trial for the murder, according to the "Danite" system, of a poor deaf and dumb boy. And information has been received of several more such instances, which will soon be investigated and made public notwithstanding their threats of violence.
The effect and moral influence which the army exerts in this community, by its presence in the Territory, becomes daily more and more apparent. We have just learned of an incident which occurred in San Pete Valley a few days since, illustrative of the spirit of independence which is gradually infusing itself into the minds of the Mormon population.
A Mormon by the name of CLAPP had taken a contract to supply a large herd of Government animals, which are herded in that Valley, with a considerable amount of forage. He had engaged this forage previous to making the contract, from the settlers in and about Fort Ephraim at a reasonable price, and thereupon bound himself in the sum of $1,000 to fulfill his contract.
Soon after this the Bishop of the Valley, WARREN SNOW, hearing of it, came to CLAPP and the principal inhabitants of Ephraim, and reproved them most severely for furnishing forage to the Army, telling them that they had brought "damnation into the Valley,” and forbidding them, under penalty of excommunication, from selling their produce. The result of this was that the next morning a paper was put in circulation, and signed by several, pledging themselves not to sell hay to CLAPP under $30 per ton, straw at $15, and other things in proportion, while CLAPP had contracted to deliver the hay to Government at $12. As soon as he discovered this, CLAPP went round and called on those who had promised to furnish him grain, &c., and persuaded them to hold a meeting and consult as to what would be their best interests and policy in the matter. The meeting was held, and the result was that a majority of the inhabitants resolved to support CLAPP and assist him in fulfilling his contract, in opposition to the direction of the Bishop. The Bishop at this became very angry, and, after threatening them all with excommunication, came up to this city to consult with BRIGHAM on the subject. Before this, however, he wrote to the commander of the force, stationed in the valley to guard the animals, telling him that if he would agree that the animals should not be brought within a certain distance of the settlements, that he would furnish all the forage necessary. The secret of the whole matter being that he wished to have the contract himself, and was angry because CLAPP had had the hardihood to take it from him. He was therefore endeavoring to put down CLAPP by using his authority as a Bishop. He has had several contracts for furnishing various supplies to the army, but care will be taken that he gets no more.
CLAPP has been a very strong Mormon, and is celebrated as a preacher of Mormonism—but he now says that the leaders of Mormonism have sadly fallen from grace, and that sooner than to deprive himself of his rights as a freeman, and become a serf and vassal of the Mormon priesthood, he will renounce Mormonism. These are the sentiments of a majority of the inhabitants of his settlement.
BRIGHAM, however, will settle the difficulty by sending them some soft message, and reproving the Bishop, and in all probability they will be as loyal to him as ever. The leaven, however, is working, and its influence is not lost upon some of the people.
Dr. FORNEY, Superintendent of Indian Affairs, returned yesterday from a visit to ARAPEEN and the Ute Indians with whom difficulties have been anticipated in consequence of the arrest of two of their young men for an assault upon a Mormon woman. He reports that he found them most bitter against the Americans, and that nothing but their fear of the army held them in check. He was told by ARAPEEN, the Chief, that the Mormons had been telling them evil stories about the Americans which he was inclined to believe.
After a long talk with them, however, Dr. FORNEY succeeded in explaining to them the circumstances of the arrest, and of the intention and design in arresting the young. With his explanation they expressed themselves satisfied, and promised to make friends with the army.
The Mormons seem determined to create and bring about difficulties with the Indians. The Grand Jury have found an indictment against an Indian for killing a white man two years ago in a distant valley, when they know that to arrest him it will be necessary to fight the whole tribe, and thus create the difficulties and expense of an Indian war.
Indian Agent JARVIS arrived here yesterday evening, in the mail from the East. He stopped at the mall station at the South Pass to rest, and was detained there nineteen days in consequence of the scarcity of animals at the station, caused by the great number lost by the mail company in the recent storms, ten mules having frozen to death in one night. He reports that the thermometer, during his stay there, was for several days 27° below zero. Mr. J. is in good health and spirits, not having suffered from the effects of his journey.
The merchants here are now very much cramped in their business, in consequence of the great scarcity of specie. This scarcity is caused by the operations of the paymaster's department of the army. The soldiers and employes of the army are now entitled to nearly four months' pay, and the paymaster has not the cash to pay with. It takes a large sum of money to pay some 5,000 men their wages for four months. He is however collecting as rapidly as possible, and thus draining out of circulation all the specie which he can obtain, and this will cause a great scarcity of cash until he is enabled to pay it out again.
The Mormons too are hoarding up all the cash which they can get hold of, not absolutely necessary to spend for their support, in anticipation of a move in the Spring. We do not doubt that it is their intention to move if Congress takes any action in regard to polygamy.
The army is particularly pleased with that part of the President's Message relative to the occupancy of Northern Mexico, and all feel anxious to have the opportunity of going there.
Mr. OSBORNE, the Gentile member of the Legislature, elected from Green River County, took his seat as a member on Thursday morning. His right to a seat was contested by Mr. HOOPER, who was elected from this County, on the ground that Green River County had been attached to it. This law, however, was void, as it was not signed by Governor CUMMING, who was acting as Governor in the Territory at the time. Notwithstanding this fact, the Legislature, in order to sustain themselves, sustained HOOPER in his claim to a seat, but got him afterwards to resign, and permitted OSBORNE to fill the vacancy thus created. If this is not "beating the devil round the stump," I know not what it is.
The examination into the circumstances of the murder of a deaf and dumb boy in this City a few weeks ago, by one of the "destroying angels," which has created so much interest, was concluded on Tuesday last, and CHRISTIANSEN, the murderer, was fully committed for trial before the United States District Court. From the evidence adduced the crime committed was clearly murder. The poor boy was arrested on a charge of stealing money, which he denied, although he acknowledged having on a previous occasion taken some. He was taken by this policeman out through the mountains to hunt for money which he had not taken, and was compelled by the threats of this man to resort to the expedient of traveling from one spot to the other in order to delay a castigation which this man had determined to give him if he did not find some money. Finally, after traveling about two days, the boy, as CHRISTIANSEN himself states, became desperate and inflicted a light wound upon him and in return was shot three times by the man. In this condition he was placed upon a wagon to be brought to the city, but before the city, wounded as he was with three pistol shots, he was again led out, and unarmed and weak with the loss of blood, his throat was cut from ear to ear by a man armed with a knife, revolver and po [......] under the pretense that he had to do [.....] Jury cannot be found to convict him even testimony. We shall see whether such is [......] or not.
Another case of "Danite" murder has been brought to light in the Southern Judicial District, which in its details is one of the most atrocious that has ever been made public. As the offenders are not yet arrested, a Deputy-Marshal being now on the search for them, I shall desist from giving any account of it for the present.
The U. S. District Court adjourned on Thursday last until the first Monday in January. On Thursday, previous to the adjournment, Judge SINCLAIR delivered his decision in regard to the conflict of authority between the United States Marshal and the Marshal Appointed by the Territory, in regard as to which one should serve the process of the U. S. District Court, while it was engaged in the consideration of crimes and offences against the laws of the Territory.
Judge SINCLAIR decided that both the Marshal and the District-Attorney appointed by the President as the Marshal and District-Attorney for this Territory, could not be superseded in their attendance upon a United States District Court by any appointments of the Territorial Legislature. His arguments in support of his decision are most able and interesting. I shall procure a copy of them to send you by the next mail for the benefit of your readers in the legal profession.
In the case of the United States vs. JAMES FERGUSON, on an indictment for intimidating Judge STILES in the discharge of his duty—compelling him to adjourn his Court at the February Term, 1857—the defendant resorted to all sorts of expedients to avoid a trial upon the direct issue. He first offered a plea in abatement, which he however subsequently withdrew. He then moved to quash the indictment, on the ground that it was not sufficiently accurate in some of its particulars, which motion was overruled by the Court. He then offered the President's pardon as a plea in bar to any further prosecution, by doing which he virtually acknowledged himself guilty. This he also afterwards withdrew, and decided to go to trial, relying upon the fact that the evidence of Judge STILES, whom he states is a material witness in the case, cannot be procured before the next term of the Court in October next.
The Grand Jury have found several bills of indictment against parties for horse stealing, robbery, &c.
The Legislature assembled at Fillmore City on Monday, Dec. 13, and adjourned from day to day until Saturday, the 18th inst., when a quorum of each house being present, they were duly qualified by Secretary HARTNETT, and presented by him with the Governors Message, a copy of which I herewith enclose to you. After organizing, a resolution was passed by the Legislature, in accordance with which it met in this city on Monday. A. B. C.
[BY TELEGRAPH.]
ST. LOUIS, Saturday, Jan. 29.
The Utah Legislature met at Fillmore City on the 13th ult., organized on the 18th, and adjourned, to meet at Salt Lake City, on the 27th.
Governor's Message.
To the Legislative Assembly of the Territory of Utah:
Dec. 13,1858.
GENTLEMEN OF THE COMMON COUNCIL AND HOUSE OF REPRESENTATIVES:
It has become my duty to communicate to the Legislative Assembly, information on the condition of the Territory, and to recommend such measures as I judge to be necessary for its welfare.
To Almighty God we should return thanks for all the blessings he has bestowed upon this people; especially for averting from them the threatened horrors of civil war, and restoring to them the comforts of home, with health, peace, and general prosperity.
The events which have transpired here within the last two years have excited great solicitude throughout the country, and attracted public attention to this Territory.
The President of the United States, in the exercise of his constitutional authority, determined, in the early part of last year, to reorganize this Territory by the appointment of new civil officers; and, at the same time, he ordered a detachment of the Army to this point, to perform the ordinary military duties, and to act as a military posse, upon the requisition of the proper civil officer. The General in command of this detachment received written orders, designating his duties, and forbidding him, his officers or men “to attack any body of citizens whatsoever, except upon requisition, or in sheer self-defence."
The President was induced to pursue this course of action in consequence of reiterated statements made by men who had lived in your midst, and the seditious language used by some of your influential writers and public speakers.
In this connection it is proper I should announce my opinion that a large number of the inhabitants of Utah participated, subsequently, in positive acts of rebellion against the Federal Government. Under these circumstances I entered Great Salt Lake City on the twelfth day of April, 1858, and availed myself of every suitable occasion to notify the inhabitants that I required unconditional submission to the laws; that I would sustain the civil officers in the proper performance of their duties and maintain the public peace.
After a residence of some weeks among you I announced to the Government at Washington that the disaffected portion of the community had returned to their duty, and would receive and obey the newly appointed civil officers. Subsequently, the President's proclamation of the 6th of April last was promulgated. It offered a full and free pardon to all who would submit to the authority of the Federal Government.
By your acquiescence in the conditions of this pardon all political difficulties between the Federal Government and the people of Utah are adjusted; and I trust that your future history will attest the sincerity of your professions of devotion to the Constitution and to the laws.
The Government of the Territories has been characterized by certain individuals as a relic of barbarism and a system of oppression. These cavilers should remember that the patriots and sages, whose memory they profess to revere, not only achieved our independence, and framed the Constitution, but inaugurated also the system of Territorial Government—a government of constitutional laws. We must rely upon them for protection. All communities of freemen possess an inherent right of revolution and self-government; but communities, like individuals, have their periods of infancy and tutelage, preceding those of matured strength and independent action. When abuses exist in the government of a Territory, the true remedy consists in an appeal to the parent government for redress.
You complain that civil officers are sometimes unmindful that their offices were created for the benefit of the whole community, and not exclusively for their own; but public opinion does not justify resistance to their authority on that account.
The maintenance of the army, and the incidental expenses attending its support, require very large disbursements in the Territory. These necessarily increase the price of labor and its products. Hence the length of time the army will remain here becomes a question in which your constituents are peculiarly interested.
In considering this question it is necessary to refer you to the following clause contained in the Proclamation of the President—"The military force now in Utah, and hereafter to be sent there, will not be withdrawn until the inhabitants of that Territory shall manifest a proper sense of the duty which they owe to this Government." In view of this clause every honorable citizen of this Territory must feel the presence of the army as a reproach upon his patriotism. It therefore behooves you to avoid even the semblance of disloyalty, for in your present condition it is not sufficient that you manifest a proper sense of that duty which you owe to the Government, but public opinion must be satisfied of your loyalty. It would be unreasonable, under existing circumstances, to expect that the transient population now here, will exercise any influence to hasten the removal of the army, a removal contrary to their pecuniary interests—nor can you expect that they will undertake the task of your vindication.
The public Press and private correspondence will finally reveal the truth with regard to your community. This must be a work of time, and therefore I believe that the detachment of the Army now stationed here will enjoy your fine mountain climate, and have ample time to perfect that discipline for which, as a corps, it is even now greatly distinguished.
The Postmaster-General has invited proposals for the transportation of your domestic mails, and I hope that the community will soon enjoy the benefits which will result therefrom.
Government has recently established overland mail routes upon a most liberal basis. This arrangement will furnish greatly increased facilities for travel and correspondence between the Atlantic and the Pacific States. The successful operation of this great enterprise will produce an almost continuous line of settlements extending across the continent—and this now isolated Territory will be brought into more familiar contact with other portions of the country.
To enable the people to be, to some extent, independent of importations, we should encourage domestic manufactures—but an entire independence in such matters is neither practicable nor desirable. Social intercourse and commercial exchanges are indispensable to true progress. Neither communities nor individuals can secure permanent prosperity or happiness in a condition of complete isolation.
Soon after my arrival in this Territory I communicated to the Secretary of War my views in regard to the supposed practicability of navigating the waters of the Yellowstone, including its tributary, the Bighorn. By the adoption of this route, navigation might be established from the Missouri River to a point not exceeding 400 miles from Salt Lake City. I also requested him to order a detachment from Camp Scott, with instructions to make a reconnaissance between Wind River and the confluence of the Yellowstone with the Missouri.
The acts of kindness extended by this people to the Indians, who inhabit these valleys, are creditable to their own generosity and forbearance; but they seem to have confirmed the Indians in slothful and vicious habits—and fostered a spirit of insubordination, which prompts them occasionally to commit acts of violence against their benefactors.
The Government has established Indian farms in this country, which, if considered as a means of inducing Indians to labor, and produce the articles necessary for their subsistence, seem to have been unsuccessful in accomplishing those objects; and unless they can be conducted differently in future, it would be well for the Indian Department to purchase food for them, rather than to induce them to cultivate the soil. The Indians must be fed. The supply of game is already insufficient, and they cannot subsist much longer upon the precarious aid received from the hand of charity.
I will call your attention to certain recent occurrences. A brutal assault was committed by some Indians, in the vicinity of Spanish Fork, upon a woman and her child. To enable the agent to make the arrests of the offenders, it became necessary to resort to a military force—and an Indian, not one of those charged with the offence, was unfortunately killed. The culprits were arrested, and are now in confinement, awaiting trial before the Second United States District Court. The dead bodies of two respectable citizens of Millard County were found recently near the road to Chicken Creek, supposed to have been killed by the Indians. Superintendent FORNEY is now in the neighborhood of Manti, to investigate the affair, and will endeavor to secure the persons of the murderers. The verdict of the Coroner's Jury in the case is now in the hands of the United States District Attorney, who will prosecute the murderers when arrested.
I cannot too strongly urge upon you the necessity of extending the benefit of common schools to every child in the Territory—and would recommend the levying a general tax for the support of such schools. On the proper education of its youth depends the prosperity and happiness of a community. The statistical reports of the prisons in this and other countries show that the proportion of crime is in an inverse ratio to the amount of proper education received.
I would call your attention to providing means for enforcing the law relative to bridging the irrigating ditches, across public highways. Under present circumstances, they are causes of serious inconvenience to travelers.
I entertain the opinion that it has become indispensably necessary to provide for the building a secure and commodious jail at some point near the center of population, for the confinement of persons charged with criminal offences, and recommend a tax for defraying the expense of its construction.
As errors in the forms of legislation are liable to occur in all new Territories, I would suggest the appointment of a Committee to revise the acts and resolutions of the Legislative Assembly of this Territory, with instructions to report to your next annual meeting, or earlier, if deemed expedient.
It is necessary that you take early action in filling offices, vacant in the Territory, in consequence of the parties elected having failed to be qualified—and in other cases where the offices have not been filled.
There does not appear to have been any provisions made hitherto for defraying the expenses of the Courts, when sitting on Territorial business, nor for the payment of charges for the maintenance and custody of prisoners. The importance of this subject will, I hope, secure for it your consideration.
I herewith transmit the report of the Auditor of Public Accounts, and that of the Territorial Treasurer, which I submit for your action.
A. CUMMING.